Release Of All Claims for Hong Kong

Release Of All Claims Template for Hong Kong

A Release of All Claims is a legally binding document under Hong Kong law that provides a comprehensive waiver of all known and unknown claims, demands, and causes of action that one party may have against another. This document serves as a complete settlement and discharge of obligations, typically used in dispute resolutions, settlements, or business transactions. It is governed by Hong Kong law and must comply with local contract law principles, including the Contract Ordinance (Cap. 26) and related legislation, ensuring its enforceability in Hong Kong courts.

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What is a Release Of All Claims?

A Release of All Claims is a crucial legal instrument used in Hong Kong for finalizing settlements and resolving disputes between parties. This document is commonly employed following negotiations, mediations, or as part of broader settlement agreements to provide a clean break between parties by releasing all existing and potential future claims. The release typically covers known and unknown claims, specifies the consideration being provided, and includes various legal protections such as warranties and representations. Under Hong Kong law, particular attention must be paid to the scope of the release, the capacity of the parties, and the adequacy of consideration to ensure enforceability. This document is especially important in commercial disputes, employment terminations, insurance settlements, and corporate transactions where parties seek to achieve finality and prevent future litigation.

What sections should be included in a Release Of All Claims?

1. Parties: Identifies and defines all parties to the release agreement, including the releasing party and the released party

2. Background: Provides context for the release, including relevant history of the relationship between the parties and any disputes or claims that led to this release

3. Definitions: Defines key terms used throughout the document, including 'Claims', 'Released Matters', and other relevant terms

4. Consideration: States the consideration being provided in exchange for the release

5. Release: Contains the core release language, specifically describing what claims are being released and the scope of the release

6. Representations and Warranties: Contains statements by the releasing party about their authority to give the release and understanding of its implications

7. Non-Admission of Liability: States that the release does not constitute an admission of liability by any party

8. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction

9. Entire Agreement: Confirms that the release agreement contains the entire understanding between the parties regarding the released matters

10. Execution: Signature blocks and execution formalities

What sections are optional to include in a Release Of All Claims?

1. Confidentiality: Include when parties wish to keep the existence, terms, or circumstances of the release confidential

2. Tax Implications: Include when the release involves significant monetary consideration or could have tax consequences

3. Future Cooperation: Include when parties need to specify any ongoing obligations or cooperation requirements

4. Return of Property: Include when there is physical or intellectual property that needs to be returned as part of the release

5. Non-Disparagement: Include when parties wish to prevent negative statements about each other after the release

6. Surviving Claims: Include when certain claims or rights are specifically intended to survive the release

What schedules should be included in a Release Of All Claims?

1. Schedule 1 - Details of Claims: Detailed list and description of specific claims being released

2. Schedule 2 - Payment Terms: If applicable, detailed breakdown of any settlement payments and payment schedule

3. Schedule 3 - Related Proceedings: List of any legal proceedings or potential proceedings covered by the release

4. Appendix A - Supporting Documents: Copies of relevant documents referenced in the release or necessary for context

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Authorization Form

Cost

Free to use
Relevant Industries

Insurance

Financial Services

Manufacturing

Real Estate

Construction

Healthcare

Retail

Technology

Professional Services

Transportation

Education

Hospitality

Relevant Teams

Legal

Compliance

Human Resources

Risk Management

Finance

Corporate Governance

Operations

Insurance

Claims Administration

Executive Leadership

Relevant Roles

Legal Counsel

Chief Legal Officer

Risk Manager

Compliance Officer

Human Resources Director

Chief Financial Officer

Claims Manager

Settlement Administrator

Corporate Secretary

General Manager

Chief Executive Officer

Insurance Underwriter

Litigation Manager

Contract Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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